Protect Your Land

Two Methods for Protecting Your Land

Conservation Agreement

A Conservation Agreement allows a landowner to agree (and compel future landowners to agree) to restrict development like severances, additional houses, gravel extraction, excessive tree cutting and even the use of yard lights which obliterate the stars. Every landowner creates a personalized list of restrictions and receives an income tax receipt for a significant fraction of the land (not the buildings). It will then be EBC’s responsibility to ensure future owners follow your rules.

Severances and Donated Land

Landowners can place their land into a nature reserve by donating or selling the property at a reduced rate. EBC is able to sever off the wetland or forest while leaving the house and other lands with the owner. Any land donated receives a tax receipt, while the owner saves capital gain taxes and real estate fees. The benefit usually ranges from 60% to 97% of the value of a sale.

The volunteers and staff at EBC are not professional appraisers, accountants, lawyers, or planners. Nor do they have a crystal ball. EBC’s discussion will cite previous examples and ranges but should be taken neither as a fact nor good advice. Professional appraisers, planners, surveyors are employed where required and the owner should consult their own financial and legal advisors for independent advice. EBC will be pleased to provide you with the names of previous donors who can discuss the process.

Step 2 – Working out the Broad Design

During this stage, the concept will be firmed up:

Land (fee simple) vs. conservation agreement

Determine the extent of the gift vs. purchase

Determine zone boundaries

Wording of the conservation or life estate agreement

Note: The owner should consult with their family and advisors on the concept and the details developed to confirm that the project meets their objectives. The owner is expected to advise EBC if the project is in question before EBC spends money to finalize details in the following stages, (unless the estimates developed to date are substantially incorrect or the owner’s situation changes dramatically).

Step 3 – Checking the Impact

At this point, experts will be brought in to assess the values, confirm the wording is effective and review the planning impact:

Have a qualified appraiser estimate the value

Get lawyers to approve the wording

Consult with financial planners on tax applications

Order a survey if required

Here the owner should question any outstanding details or conclusions, confirm details of the project with their financial and legal advisors and confirm that the family understands the agreement.

Step 4 – Government Approvals

During this stage, EBC will work on getting government approvals from Environment and Climate Change Canada (ECCC) and the municipality if a severance application is required.

Step 5 – Register the Transfer

Once government approvals are received, the transfer is then registered.

Step 6 – Tax Receipts

At this stage, EBC will issue tax receipts to the donor(s) which can be used over the course of 10 years as opposed to the regular 5 year period.

Step 7 – Monitoring & Stewardship

Once the donation is completed, the property will be monitored to ensure the terms of the agreement are being followed or in the case of fee simple, the property will be stewarded by EBC staff and/or volunteers.